Wheeler v. United States, 226 U.S. 478 (1913)

Wheeler v. United States


Nos. 658-661


Submitted December 4, 1912
Decided January 6, 1913
226 U.S. 478

ERROR TO AND APPEALS FROM THE DISTRICT COURT OF THE
UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS

Syllabus

An officer of a corporation is not subjected to an unreasonable search or seizure by a subpoena to produce without ad testificandum clause the books and papers of that corporation, nor is he subjected to self-incrimination by such subpoena and an order to produce thereunder or deprived of his liberty without due process of law by being committed for contempt for failure to comply with such order. Wilson v. United States, 221 U.S. 361.,

Books of a corporation are not the private books of any of the officers, and do not become so by the dissolution of the corporation and the transfer of the books to one of such officers.

The facts, which involve the validity under the due process and search and seizure provisions of the Constitution of a subpoena duces tecum to an officer of a corporation to produce books and papers of the corporation, are stated in the opinion.